Small Claims court case against landlord is being defended and I am becoming worried

martindow

Mishomeister wrote: »

I am however surprised why Small claims court here is at all involved as it needs to be County Court dealing with this matter.
https://www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

From other threads here it does seem that some courts do seem to deal with this on the small claims track.

OP it worries me that you are apparently not the lead tenant. I can see a judge saying that the claim is sound providing the lead tenant makes the claim and not award you anything.

steampowered

Mishomeister wrote: »

I am however surprised why Small claims court here is at all involved as it needs to be County Court dealing with this matter.
https://www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

Its the same thing. "Small claims court" is the colloquial name for the small claims track in the county court. County court cases get allocated to a "track" depending on their value, below £10k is small claims track.

Guest101 wrote: »

Often you cannot claim the penalty via the small claims track.

Yes you can, and it is the only place to claim it (cases for less than £10k will automatically be allocated to the small claims track). The level of penalty is still at the discretion of the judge though.